Can my employer require me to pay the USCIS fees?

As a general rule, no. For the H-1B, certain mandatory petition fees are, by rule, the employer’s responsibility and cannot be charged to the worker. The rationale is to prevent the cost of obtaining the visa from being shifted onto the person being hired.

Passing those costs on to the employee can, in fact, constitute a violation of labor and immigration rules. For that reason, both the company and the professional have a shared interest in following this allocation strictly.

It is worth distinguishing two types of expense:

• the mandatory government fees tied to the petition, which are the employer’s responsibility;
• other costs, such as attorney fees or additional services, which may be discussed and agreed upon between the parties.

Because the exact list of which fees fall into each category and the applicable rules can change, confirm what applies today directly with the official USCIS and Department of Labor sources or with a specialist. If something seems out of the ordinary, clarify before signing or paying anything.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.